PENGATURAN KLAUSULA BAKU DALAM UNDANG – UNDANG NOMOR 08 TAHUN 1999 MENURUT HUKUM EKONOMI SYARIAH

Abstract

This study aims to identify and disclose the standard clause arrangements in Law Number 08 of 1999 and to identify and disclose the standard clause arrangements according to Sharia Economic Law. The type of research that the author uses is a normative juridical approach. The data used are primary and secondary data. The results show that the basis for the validity of standard clauses in sharia contract law is contained in the principles of the agreement, such as the principle of al-hurriyah, the principle of al-'Adl, the principle of amah, the principle of al-shidiq and the principle of good faith. In a standard clause whose contents have been determined by one of the parties, then the principles of contract law contained in the contract law seem to be neglected, this can be seen from the absence of negotiation in the standard clause, the bargaining position of one party is also weak and what about the position the principle of freedom of contract contained in contract law, whether the legal principles are invalid or neglected as a result of the existence of standard clauses. The sharia principles referred to are then stated in Article 1 paragraph (12) of Law no. 21 of 2008 concerning Islamic banking that sharia principles are the principles of Islamic law in banking activities based on fatwas issued by institutions that have the authority to determine fatwas in the field of sharia.